The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-03
4 RECORD OF USURPATION.
The Memorial Regarding the Alleged
Election Of Turpie as Senator.
The Soldier Monument Bill Signed by Robert
sOn-The Civil-Service Bill Passed, with
Only Two Democrats Supporting 1t.

The House position of non-intercourse with
the Senate is preserved without an incident to
permit any speculation as to an extra session
Both houses will, no DOUBT. continue until the
last day as they have since Thursday last, unless
the caucus of Democrats tonight is to decide to
change the situation by an unconditional sur
render. On nc other terms will the Republic
ans allow recognition of the Senate. and if Dem
ocratis statements to be relied on, the uncon-
ditional surrender will not come before the Gen.
eral Assembly closes, if at all, for the Smith
Bailey faction still dominates the party, though
many are anxious for change, and the resump-
ton Of relations that will open the way to per
feet necessary legislation. It seems as it the
House has rather the best of it regarding the
Senate bill providing 100000 for the soldiers
monument It has been a matter of show with
the Democrats to grieve over the condition OF
this bill. It has passed both houses, but had
not been returned to the Senate before the dead
lock occurred. The Democrats hoped to herald
it from every stump in the next campaign that
if it had not been for the Republicans the meas
ure could have been perfected before the Gener-
al Assembly adjourned. Yesterday morning
Lieutenant-governor Robertson settled the mat
ter Of responsibility by signing the bill with
Speaker Sayre. 1t is now in the
hands of the Governor, going direct
from the House to that officer. He was asked
what he intended to do. but he refraned from
being general or specific in his reply, except in
saying that he thought he could meet the emer-
gency. There are several other Senate bills
passed by the House, among them that locating
the School for the Feeble minded at Fort Wayne
and appropriatlne $4,000 for buildings and
be sent to the Governor with Lieutenant-gov-
ernor Robertson's signature.
Early in the session of the House yesterday
morning Representative Grifiths presented
memorial to be sent to the United States Ser ate
relative to the alleged election of David Turpie
to seat in that body. It was read by the clerk
after the rules were suspended by strict party
vote 1t set forth that such alleged election is
invalid, because the Constitution of the State
provides that the Lieutenant governor shall, by
virtue of his office, be President OF the Senate;
that the Senate shall consist of fifty members,
divided into two equal classes, one going out of
Office on the day succeeding the biennial cleo
ton at which their successors are elected;
that twothirds of the entire membership
shall constitute quorum to do business It
states that members elect are not sworn into
Office until the General Assembly meets, which
ia on the Thursday succeeding the first Monday
in January succeeding the biennial election and
from the time of the election until this time
there is no quorum of the Senate in existence
unless in the meantime special session has
been called and the members. elect arc then
swora into Office. The Senate has power to
elect President pro tempore whenever the
Lieutenant governor shall act as Governor or
shall be unable to attend as President of the
Senate :
The memorial then recites the election of
Mahlon D. Manson as Lieutenant governor. and
that by virtue Of this Office ''he presided over the
Senate of the Fifty-fourth General Assembly,
and was so presiding and in the actual occupan-
cy of the chair on the 18th day of April, 1885,
when the Senate attempted to elect Alonzo G..
Smith. Senator from the counties of Jen-
nings and jackson, President pro tempore.
| The appointment of Lieutenant governor
Manson AS the United States collector of inter-
nal revenue for the Seventh district of Indiana
and his acceptance thereof had the effect to va
cate the Office Of Lieutenant-governor; and re-
citing the opinion of the Attorney general that
there was a vacancy. and that it should be filled
at the next general election and the fact that the
Democratic State convention nominated can
didate, though the memorial says that among
the persons placed In nomination for the Office of
Lieutenant-governorw was Alonzo G. Smith, who
had been elected pro tempore Of the Senate at
| its last session. He was present in the conven
| ton. arose in his place. and declined the nomi-
nation in a speech in which he pledged the sup
| port of his county to the candidate who should
! be selected" Each subsequent event from the
| ti1,, of pOha <ha De-
| publican State convention to his election rs
| Lieutenant-governor, is then detailed, during
which it is stated that During the canvass pre-
| ceding the election no question was pub
no vacancy in the Office, or that
| the vacancy not proper to be filled by
| election" 1t ia then recited that all the re-
| quirements of an election fulfilled, result
| ing in the election of Robert s. Robertson as
Lieutenant-governora and of seventy-six Demo
| cratic members OF the Senate and House OF
Representatives upon the face of the returns
| including the Senators holding over. In the
Senate the Democrats had majority of twelve,
and in the House the Republicans majority OF
| ten. but among the Democratic members re-
turned as having been elected 20 the House was
one Cornelius Meagher, whose election was i'm
med;ately contested by his opponent. one Henry
| &. Dckerson, upon the ground that Meagher, al
and before the election, was holding the Office Of
| justice of the peace, and was, therefore, ineli
| gible to the Office of Representative, and that
Dickerson was really the person elected
| thereto Supporting This is given series OF
judicial decisions, the facts of Meagher's cleo
ton and qualification as justice of the peace the
unseating of Meagher and the seating of Dicker
son. This resulted in a tie in the Genera
Assembly, without reference to other contest!
which were commenced against Democratic
| Representatives elect"
1t is then set forth that in order to preserv,
the apparent Democratic majority Of two OF
joint ballot liz the General Assembly, a conspir
\ in n
the alleged election of David Turpie was brough
about It was publicly announced that if Dem
ocratic members of the House were unseated
| Republican Senators elect would be unseated
and to offset this, contests were procured to b
entered against VIM. n. Mcdonald, Archibald
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